DeBARY, Fla. – A settlement is pending approval months after the city of DeBary's Fourth of July fireworks show was canceled at the last minute due to flooding in the area.
The settlement, which will be voted on at Wednesday evening's City Council meeting, calls for Creative Pyrotechnics to return the $10,000 deposit the city paid for the vendor to put on the show. Officials from the fireworks company said it would have been unsafe to set off mortars because there was standing water.
"The agreement recognizes the years of very good performance by this company, and it tries to balance that with the issues that took place," Debary City Manager Ron McLemore said.
Creative Pyrotechnics will put on the 2019 Fourth of July fireworks show for free, which will mark the last year in the three-year agreement between the vendor and the city. That agreement will then be extended to 2020 and 2021 if the city is satisfied with the 2019 show.
"If (Creative Pyrotechnics) doesn't perform, then he doesn't get the additional years," McLenmore said.
If council members don't approve the settlement, the agreement with Creative Pyrotechnics will be terminated and the city manager will find a new fireworks vendor.
The city manager has recommended that council members approve the settlement in order to avoid litigation, which could be costly.
"Anytime we are dealing with small businesses particularly, my preference is to try to reconcile rather than punish," McLemore said.
"Staff believes that in consideration of the historical excellent performance of the Company, the extenuating circumstances of the 2018 event, and the uncertain cost and outcome of litigation, that the settlement agreement is the better option," the city manager wrote in the agenda item.
The City Council meets beginning at 6:30 p.m. Wednesday.